BILL NUMBER: AB 2275	CHAPTERED  09/30/00

	CHAPTER   1034
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	PASSED THE ASSEMBLY   MAY 31, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000

INTRODUCED BY   Assembly Member Correa

                        FEBRUARY 24, 2000

   An act to add Section 14105 to the Government Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2275, Correa.  Transportation:  construction projects:  quality
control.
   Existing law requires the Department of Transportation to plan,
design, construct, operate, and maintain those transportation systems
that the Legislature has made, or may make, the responsibility of
the department, except as specified.
   This bill would authorize the department to verify that all
construction projects performed under its jurisdiction meet or exceed
standards and specifications included in the projects.  The bill
would provide that, unless a contract provides that a contractor or
service provider will perform quality control under the contract, the
department may assign qualified state employees or other personnel
to perform all inspection and testing required under existing law,
regulation, or policy on any project performed under its jurisdiction
that requires the inspection of construction activity or material,
including, but not limited to, commercial and fabricated material.
   This bill would authorize the department to adopt and enforce a
policy requiring inspection of construction activity or material in
the absence of any other law or regulation requiring that inspection.

   This bill would require that any contractor or service provider
who performs quality control inspections and tests as part of a
contract with the department be certified on a prescribed random
basis by qualified state employees or organizations certified by the
department pursuant to applicable law, regulation, or policy.
   This bill would prohibit any person, firm, corporation,
partnership, or association from willfully concealing, altering,
misrepresenting, or distorting or attempting to do the same as to the
findings of any laboratory or subcontractor that provides quality
control inspection services to a contractor under these provisions.
The department would be required to take prescribed courses of action
against violators including disqualifying violators for a period of
one to 3 years from bidding, working, or being awarded public
contracts that are under the jurisdiction of the department.  The
bill would authorize the department to promulgate rules and
regulations for the administration and enforcement of these
provisions and provide for the definition of terms.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14105 is added to the Government Code, to read:

   14105.  (a) The department may verify that all construction
projects performed under its jurisdiction meet or exceed all
standards and specifications included in the projects.
   (b) Unless a contract provides that a contractor or service
provider will perform quality control under the contract, the
department may assign qualified state employees or other persons,
subject to existing law, to perform all inspection and testing
required under existing law, regulation, or policy on any project
performed under its jurisdiction that requires the inspection of
construction activity or material, including, but not limited to,
commercial and fabricated material.
   (c) If no other law or regulation requires inspection and testing,
the department may adopt and enforce a strict policy requiring
inspection of construction activity or material, including, but not
limited to, commercial and fabricated material.
   (d) Any contractor or service provider who performs quality
control inspections and tests as part of a contract with the
department shall be certified on a prescribed random basis by
qualified state employees or an organization certified by the
department pursuant to applicable law, regulation, or policy.
   (e) Quality assurance testing and inspection shall be performed
over the entire period of a contract.
   (f) Nothing in this section is intended to expand or restrict the
authority of the department to contract for the provision of
construction, inspection, management, and testing services from
qualified private sector firms.
   (g) No person shall willfully conceal, alter, misrepresent, or
distort, or attempt to conceal, alter, misrepresent, or distort the
findings of any laboratory or subcontractor that provides quality
control inspection and testing services to a contractor under this
section.
   (1) If the prime contractor is not found to have concealed,
altered, misrepresented, or distorted, or attempted to conceal,
alter, misrepresent, or distort the findings of any laboratory or
subcontractor by reason of having a subcontractor perform inspection
and testing services, then the prime contractor is not considered to
be in violation of this section.
   (2) Whenever any person, firm, corporation, partnership, or
association performing quality control inspection and testing
services on a public work contract, pursuant to Section 1101 of the
Public Contract Code, and is under the jurisdiction of the
department, is found by the department to have violated this section,
the department shall order for a period of not less than one year
and not more than three years that the person or entity refrain from
doing any of the following within the department's jurisdiction:
   (A) Bid on a public work contract.
   (B) Work on a public work contract.
   (C) Be awarded a public work contract.
   (3) Any determination by the department pursuant to paragraph (2)
shall be made after a full investigation by the department and a fair
and impartial hearing with reasonable notice.  The periods of
disqualification specified in this section shall commence on the date
the determination of the violation is made by the department.
   (4) A violation of this section occurs when the person, firm,
corporation, partnership, association, or officers commit any one or
more of the acts described in subdivision (g).
   (5) The department may promulgate rules and regulations for the
administration and enforcement of this section and provide for the
definition of terms.
